Section 26 RTI Act: Appropriate Government to prepare programmes

Right to Information Act, 2005

Section 26 RTI Act at a Glance

Section 26 RTI Act lets the appropriate Government run public awareness and officer training programmes as resources allow. Section 26 RTI Act also requires an official language user guide within 18 months of commencement, updated at regular intervals if necessary.

Section 26 RTI Act Bare Act Text

26. Appropriate Government to prepare programmes.

(1) The appropriate Government may, to the extent of availability of financial and other resources,—

(a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;

(b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;

(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and

(d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.

(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include—

(a) the objects of this Act;

(b) the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;

(c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;

(d) the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;

(e) the assistance available from the Central Information Commission or State Information Commission, as the case may be;

(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;

(g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;

(h) the notices regarding fees to be paid in relation to requests for access to an information; and

(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

Section 26 RTI Act in Simple Words

Section 26 RTI Act sets out the programmes, officer training, and citizen guides through which the appropriate Government helps the public exercise rights under the RTI Act. Under Section 26(1) RTI Act, to the extent that financial and other resources are available, the appropriate Government may take four steps: (a) develop and organise educational programmes to advance public understanding, in particular among disadvantaged communities, on how to exercise rights under the RTI Act; (b) encourage public authorities (bodies covered by the RTI Act, as defined in Section 2 RTI Act) to participate in developing and organising those programmes and to undertake such programmes themselves; (c) promote timely and effective dissemination of accurate information by public authorities about their activities; and (d) train Central Public Information Officers (CPIOs) or State Public Information Officers (SPIOs), who are the officers designated by public authorities under Section 5(1) RTI Act to provide information to applicants, and produce training materials for public authorities to use.

Under Section 26(2) RTI Act, unlike the discretionary programmes in Section 26(1) RTI Act, compiling a citizen guide is mandatory. Within 18 months from the commencement of the RTI Act, the appropriate Government must compile in its official language, in an easily understandable form and manner, a guide containing such information as may reasonably be required by a person wishing to exercise any right specified in the RTI Act.

Section 26(3) RTI Act requires the appropriate Government, if necessary, to update and publish the guidelines referred to in Section 26(2) RTI Act at regular intervals. Without limiting the broad scope of Section 26(2) RTI Act, those guidelines must include: (a) the objects of the RTI Act; (b) the postal and street address, phone and fax numbers, and, if available, the electronic mail address of the CPIO or SPIO of every public authority appointed under Section 5(1) RTI Act; (c) the manner and form in which a request for access to information must be made to a CPIO or SPIO; (d) the assistance available from, and the duties of, a public authority's CPIO or SPIO under the RTI Act; and (e) the assistance available from the Central Information Commission or State Information Commission.

Continuing that mandatory list, the guidelines under Section 26(3) RTI Act must also include: (f) all remedies in law available regarding an act or failure to act in respect of a right or duty under the RTI Act, including the manner of filing an appeal to the Central or State Information Commission (appeals lie under Section 19 RTI Act); (g) the provisions for voluntary disclosure of categories of records in accordance with Section 4 RTI Act (records and organisational particulars that every public authority must publish on its own); (h) notices regarding fees to be paid for requests seeking access to information; and (i) any additional regulations or circulars made or issued in relation to obtaining access to information in accordance with the RTI Act. Section 26(4) RTI Act restates that the appropriate Government must, if necessary, update and publish these guidelines at regular intervals.

When Section 26 RTI Act Applies

  • Subject to available financial and other resources, the appropriate Government may run educational programmes (in particular for disadvantaged communities), encourage participation by public authorities, promote accurate information dissemination, and train CPIOs and SPIOs with training materials (Section 26(1) RTI Act).
  • Within 18 months from the commencement of the RTI Act, the appropriate Government must compile an easily understandable guide in its official language for anyone wishing to exercise rights under the RTI Act (Section 26(2) RTI Act).
  • The published guidelines must cover all nine matters listed in Section 26(3)(a) to (i) RTI Act, including CPIO and SPIO contact details under Section 5(1), request procedures, officer and Commission assistance, legal remedies and appeals, Section 4 voluntary disclosure provisions, fee notices, and related regulations or circulars.
  • If necessary, the appropriate Government must update and publish the guidelines at regular intervals (Section 26(3) and Section 26(4) RTI Act).

Example of Section 26 RTI Act

Zainab, a resident of Madurai, wants to seek official records from a public authority and checks the guide compiled and published in the official language by the appropriate Government under Section 26(2) and Section 26(3) RTI Act. In that guide, Zainab finds the street address and electronic mail address of the public authority's Public Information Officer appointed under Section 5(1) RTI Act, the manner and form for making an information request, the notices on fees, and the manner of filing an appeal to the Information Commission. Later, after new Public Information Officers are appointed under Section 5(1) RTI Act and an additional circular on obtaining access to information is issued, updates to the published guide become necessary. Under Section 26(3) and Section 26(4) RTI Act, the appropriate Government must update and publish the guidelines at regular intervals so those updated contact details and circular are included.

When Section 26 RTI Act Does Not Apply

  • Educational programmes, outreach through public authorities, promotion of information dissemination, and CPIO or SPIO training under Section 26(1) RTI Act are discretionary ('may') and operate only to the extent that financial and other resources are available.
  • Updating and publishing the guidelines at regular intervals under Section 26(3) and Section 26(4) RTI Act is required only if necessary.
  • Including the electronic mail address of a Central or State Public Information Officer in the guide under Section 26(3)(b) RTI Act is required only if an electronic mail address is available.

FAQs on Section 26 RTI Act

What is Section 26 RTI Act?▼

Section 26 RTI Act empowers the appropriate Government, subject to available resources, to run educational programmes for the public, promote accurate disclosures by public authorities, and train Public Information Officers. Section 26 RTI Act also requires the appropriate Government to compile an easily understandable user guide in its official language within 18 months of the Act's commencement and update the guidelines at regular intervals if necessary.

Is the appropriate Government bound to compile a citizen guide under Section 26 RTI Act?▼

Yes. While educational and training programmes under Section 26(1) RTI Act are discretionary and depend on available resources, Section 26(2) RTI Act makes compiling a guide in the official language mandatory within 18 months from the commencement of the RTI Act. Under Section 26(3) and Section 26(4) RTI Act, the appropriate Government must also update and publish the guidelines at regular intervals if necessary.

Within what period did Section 26(2) RTI Act require the guide to be compiled?▼

18 months. Section 26(2) RTI Act requires the appropriate Government to compile the guide within 18 months from the commencement of the RTI Act in its official language and in an easily understandable form.

Does the guide under Section 26(3) RTI Act have to list Public Information Officer contact details?▼

Yes. Under Section 26(3)(b) RTI Act, the published guidelines must include the postal and street address, phone and fax numbers, and, if available, the electronic mail address of the Central or State Public Information Officer appointed under Section 5(1) RTI Act for every public authority.

Does Section 26 RTI Act require the guide to explain how to file an RTI appeal?▼

Yes. Under Section 26(3)(f) RTI Act, the guidelines must state all remedies in law available regarding an act or failure to act in respect of a right or duty under the RTI Act, including the manner of filing an appeal to the Central or State Information Commission.

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Sources: Bare Act Text, Right to Information Act, 2005 ·